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AN ACT
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relating to the powers and duties of the Parks and Wildlife |
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Department regarding the Texas Water Trust. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 12, Parks and Wildlife |
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Code, is amended by adding Section 12.028 to read as follows: |
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Sec. 12.028. POWERS AND DUTIES REGARDING TEXAS WATER TRUST. |
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(a) In this section, "Texas Water Trust" means the trust |
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established under Section 15.7031, Water Code. |
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(b) Consistent with Section 11.0235(b), Water Code, and the |
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department's duties and responsibilities, the department shall |
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encourage and facilitate the dedication of water rights in the |
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Texas Water Trust through lease, donation, purchase, or other means |
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of voluntary transfer for environmental needs, including for the |
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purpose of maintaining or improving: |
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(1) instream flows; |
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(2) water quality; |
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(3) fish and wildlife habitat; and |
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(4) bay and estuary inflows. |
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(c) The department may manage rights in the Texas Water |
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Trust in a manner that is consistent with: |
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(1) the manner in which a holder of the rights may |
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manage the rights; |
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(2) the dedication of the rights, including the |
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dedication's terms and conditions; |
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(3) Sections 11.0237, 11.027, and 11.122, Water Code; |
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and |
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(4) maximizing environmental benefits. |
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(d) This section may not be construed to authorize the |
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department to exercise any authority expressly granted to the Texas |
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Water Development Board or the Texas Commission on Environmental |
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Quality under Subchapter K, Chapter 15, Water Code. |
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SECTION 2. Section 15.7031, Water Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The Parks and Wildlife Department may manage rights in |
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the trust: |
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(1) under a voluntary agreement with a rights holder; |
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and |
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(2) in the manner described by Section 12.028(c), |
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Parks and Wildlife Code. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2225 was passed by the House on April |
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14, 2021, by the following vote: Yeas 138, Nays 10, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2225 was passed by the Senate on May |
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21, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |